[§378-28]  Power of department to prevent
unlawful practice.  (a)  After the filing of any complaint, or whenever it
appears to the department that an unlawful practice may have been committed,
the department shall conduct an investigation in connection therewith.  At any
time after the filing of a complaint, but prior to the issuance of a
determination as to whether there is or is not cause to believe that this part
has been violated, the parties may agree to resolve the complaint through a
settlement.



(b)  If the department determines after such
investigation that there is cause to believe that this part has been violated,
the department shall demand that the respondent cease such unlawful practice. 
In addition to the penalty specified in section 378-29.3 the department may
order appropriate affirmative action, including, but not limited to, hiring,
reinstatement, or upgrading of employees, with or without backpay, as, in the
judgment of the department, will effectuate the purpose of this part.



(c)  The department may commence a civil action
in circuit court seeking appropriate relief.  In a civil action brought
pursuant to this subsection:



(1)  The director may join various complainants in one
cause of action;



(2)  The director shall not be required to pay the
filing fee or other costs or fees of any nature or to file a bond or other
security of any nature in connection with such action or with proceedings
supplementary thereto, or as a condition precedent to the availability to the
director of any process in aid of such action or proceedings;



(3)  In no event shall any action be brought more than
three years after the complaint was filed with the department.



(d)  In any action brought pursuant to this
part, if the court finds that a respondent has engaged in or is engaging in an
unlawful practice as defined in this part, the court may enjoin the respondent
from engaging in such unlawful practice and order such affirmative action as
may be appropriate, including, but not limited to fines, reinstatement, hiring,
or upgrading of employees and prospective employees, with or without backpay,
or any other equitable relief as the court deems appropriate.



(e)  In any action brought pursuant to this
part, if any judgment obtained by the director against the respondent remains
unsatisfied for a period of thirty days after such judgment is entered, the
director may request the circuit court to compel the respondent to comply with
the judgment, including, but not limited to, an order directing the respondent
to cease doing business until the respondent has complied with the judgment.



(f)  Whenever it appears to the director that
an employer is engaged in any act or practice which constitutes or may
constitute, now or later, a violation of this part, or any related rule, the
director may bring an action in the circuit court of the circuit in which it is
charged that the act or practice complained of occurred or is about to occur to
enjoin the act or practice and to enforce compliance with this part or with the
rule, and upon a proper showing, a permanent or temporary injunction or decree
or restraining order shall be granted without bond.



(g)  In any action brought under this part, the
court may in addition to any judgment awarded to the plaintiff or plaintiffs,
allow costs of action, and reasonable attorney's fees, to be paid by the
defendant. [L 1985, c 241, pt of §1]